What classification is given to false advertising?

False advertising is primarily classified as a civil matter rather than a criminal offense. The correct classification aligns with the understanding that false advertising typically involves misleading or deceptive representations made in advertising to promote a product or service.

Civil law allows individuals or entities that have been harmed by false advertising to seek damages or injunctive relief through litigation, rather than facing criminal prosecution. Most laws governing false advertising, such as the Lanham Act and various state consumer protection laws, are aimed at protecting consumers and competitors from unfair business practices.

While there may be instances where false advertising could be tied to a misdemeanor or a regulatory offense depending on specific state laws or circumstances, the overarching framework is that it is a civil issue. Recognizing false advertising as a civil matter helps clarify responsibilities and remedies available to those affected, ensuring that there are pathways for accountability in the marketplace.